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Fee Waiver

Forms

Request to Waive Court Fees

Fees Covered by the Initial Fee Waiver

If Your Fee Waiver is Denied

Additional Court Fees and Costs Waived

Change in Financial Circumstances

Waiver Instructions Packet Cover Sheet

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Forms

The following forms are utilized in applying for and receiving a waiver of court fees pursuant to California Rule of Court, Rule 985.  Please read all information carefully to determine your eligibility for a waiver.

Please click on the three (4) choices below to obtain the forms that you require.

Request to Waive Court Fees (FW-001)

Information Sheet on Waiver of Court Fees and Costs (FW-001-INFO)

Order on Court Fee Waiver (Superior Court - FW-003)

Waiver Instructions Packet Cover Sheet (Local Form)

Request to Waive Court Fees

Submit an original and one copy of each completed document to the court.

Government Code Section 68511.3(a) authorizes courts to verify the financial status of litigants applying for a waiver of court fees and costs. The request must be fully completed, dated, and signed under penalty of perjury. The top portion of the order, down to and including Item #2, must also be completed. If you wish to view any of the Government Codes, they are available through the California Law web site located at www.leginfo.ca.gov/calaw.html. Then, follow the directions for finding the code you are interested in.

NOTICE

Misrepresentation of income or expenses is a crime punishable by law. Failure to comply with these requirements, or to submit complete, legible fee waiver forms, will result in a denial of the application. After notice, you will have 10 days to pay the filing fees or provide additional information as requested. Otherwise, documents filed by you will be voided.

Fees Covered by the Initial Fee Waiver

Pursuant to California Rule of Court, Rule 985, the following fees maybe waived upon granting of your initial Request for Fee Waiver

Clerk's fees for filing papers

Clerk's fees for issuance of process and certificates

Court-appointed interpreter's fees

Reporter's fees for attendance at hearings and trials held within 60 days of the date of the order granting the application

Clerk's fees for preparing, certifying, and transmitting the clerk's transcript on appeal

Clerk's fees for reasonably necessary certification and copying

Clerk's fees for transmittal of papers

Sheriff's, marshal's, and constable's fees pursuant to Article 7 of Title 3 of Division 2 of the Government Code

The fee for a telephone appearance pursuant to Government Code section 68070.1(c). If you wish to view any of the Government Codes, they are available through the California Law web site located at www.leginfo.ca.gov/calaw.html. Then, follow the directions for finding the code you are interested in.

If Your Fee Waiver is Denied

If, upon review of your Request to Waive Court Fees the court finds that you do not meet the necessary criteria, you will receive a notice from the court advising you of the denial of your request to waive court fees.  You will then have ten (10) days from the date on the notice in which to pay the filing fees for which you have sought a waiver (i.e., if you submitted your request to waive court fees with your initial court filing, you will then be required to pay the initial filing fee within ten (10) days from the date of the notice of denial). 

If you do not pay the filing fee within the time specified, your filed document(s) will be voided.

Additional Court Fees and Costs Waived

To waive court fees and costs other than those listed above, a Request to Waive Additional Court Fees and Order on Court Fee Waiver (Superior Court) must be submitted to the court.  Pursuant to California Rule of Court, Rule 985, the following fees may be waived:

Jury fees and expenses

Witness fees of peace officers whose attendance is reasonably necessary for prosecution or defense of the case

Witness fees of court-appointed experts

Other fees or expenses as itemized in the application

Court-appointed interpreter's fees for witnesses

Reporter's fees for attendance at hearings and trials held more than 60 days after the date of the order granting the application

 Change in Financial Circumstance

A person who has been granted a fee waiver must promptly notify the court of any changed financial circumstance affecting his or her ability to pay court fees and costs by filing a Notice of Court of Improved Financial Situation or Settlement (FW-010). Upon such notification, the court may schedule a hearing to determine the person's eligibility to pay future court fees and costs.

 

 
Superior Court of California, Kings County
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